Conflict Avoidance and Dispute Resolution (level 1)

Question 1

What are the general principles of good dispute resolution management

Answer 1

1. good management
2. good record keeping
3. good payment practice
4. clear contract document
5. good contractor management

Question 2

What are the three pillars of dispute resolution

Answer 2

1. negotiation- parties resolving amongst themselves- fact finding, expert opinion
2. mediation- third party not binding- conciliation
3. adjudication- third party binding-expert determination, arbitration and litigation and ombudsman

Question 3

What are some of the advantages and disadvantages of arbitration

Answer 3

Advantages-

1. private
2. time saving- it tends to be quicker than say litigation
3. binding decision (could also be considered negative)
4. cost effective- less time equals less money. Also neither party needs legal representation.

Disadvantages-

1. binding- if it doesn’t go your way it can be very hard to challenge, can only really challenge the facts if they are incorrect
2. Cost- not always cost effective if the matter being challenged isn’t of high enough value
3. lack of cross examination

Question 4

What is arbitration

Answer 4

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute

(for arbitration to be allowed it must have been stipulation in the contract that both parties agreed to)

Question 5

What is the RICS guidance on conflicts

Answer 5

1.Conflict Avoidance and Dispute Resolution in Construction 2012

Question 6

What does ADR mean

Answer 6

ADR means alternative dispute resolution, and refers to processes which are alternatives to the traditional binding dispute resolution procedures e.g litigation and arbitration